MINUTES
WATAUGA COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 4, 2024
The Watauga County Board of Commissioners held a regular meeting, as scheduled, on Tuesday, June 4, 2024, at 5:30 P.M. in the Commissioners’ Board Room located in the Watauga County Administration Building, Boone, North Carolina.
Chairman Turnbow called the meeting to order at 5:35 P.M. The following were present:
PRESENT: Larry Turnbow, Chairman
Charlie Wallin, Vice-Chairman
Todd Castle, Commissioner
Braxton Eggers, Commissioner
Ray Russell, Commissioner
Andrea Capua, County Attorney
Deron Geouque, County Manager
Anita J. Fogle, Clerk to the Board
Commissioner Russell opened with a prayer and Commissioner Castle led the Pledge of Allegiance.
Approval of Minutes
Chairman Turnbow called for additions and/or corrections to the May 13, 2024, and May 14, 2024, special meeting minutes and the May 21, 2024, regular minutes and closed session minutes.
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the May 13, 2024, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the May 14, 2024, special meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the May 21, 2024, regular meeting minutes as presented.
VOTE: Aye-5
Nay-0
Commissioner Eggers, seconded by Commissioner Castle, moved to approve the May 21, 2024, closed session minutes as presented.
VOTE: Aye-5
Nay-0
Approval of Agenda
Chairman Turnbow called for additions and/or corrections to the June 4, 2024, agenda.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the June 4, 2024, agenda as presented.
VOTE: Aye-5
Nay-0
Public Comment
Dr. Leslie Alexander, Watauga County School Superintendent, thanked the Board for the partnership with the School System and stated that she appreciated the Commissioners dedication and time.
The following spoke in support of the Senate Bill 759: Cari Davenport, Rick Woods, Nathan Miller, Linda Byrd, Eric Fidler, Ronnie Marsh, Polly Culler, Donald Williams, Frank Bolick, Chris Behrend, and Olive Burress.
Watauga County Schools Lottery Funds Request
County Manager Geouque, on behalf of Ms. Ly Marze, Watauga County Schools Director of Finance, requested the release of $717,500 from the State Education Lottery Fund. The funds would be used for the renovation and replacement of worn out roof sections at Green Valley Elementary School.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the release of $717,500 from the State Education Lottery Fund as presented by the County Manager.
VOTE: Aye-5
Nay-0
Juvenile Crime Prevention Council (JCPC) FY 2025 Certification, Membership, and County Plan
Ms. Austin Combs, Chair of the Juvenile Crime Prevention Council (JCPC), presented the proposed FY 2025 Certification and County Plan, as well as the membership roster. Board approval is requested for the Certification, County Plan, and membership roster.
Commissioner Russell, seconded by Commissioner Eggers, moved to approve the Certification, County Plan, and membership roster as presented by Ms. Combs.
VOTE: Aye-5
Nay-0
Proposed Allocation of Projected FY 2025 Home & Community Care Block Grant (H&CCBG) Funds
Ms. Angie Boitnotte, Project on Aging Director, presented the projected allocation of $320,160 in Home and Community Care Block Grant (H&CCBG) funds for FY 2025. The required local match was $35,573 and was present in the Project on Aging's FY 2025 requested budget. The allocation would be disbursed as follows:
HCCBG Service HCCBG Allocation Match
In-Home Aide Level I $85,089 $9,454
In-Home Aide Level II $70,670 $7,852
Congregate Meals $47,830 $5,314
Home Delivered Meals $110,571 $12,286
Transportation $6,000 $667
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to accept the projected allocations for FY 2025 Home & Community Care Block Grant (H&CCBG) Funds as presented by Ms. Boitnotte.
VOTE: Aye-5
Nay-0
Maintenance Matters
A. Health Department Boiler Bid Award Request
Mr. Robert Marsh, Maintenance Director, presented the following bids received for two new natural gas boilers and two circulation pumps in the Health Department building:
Bidder Contact High Efficiency Standard Efficiency
Nor-Well Brian Jones $ 98,500 $ 77,865
Hoffman Mechanical Solutions Caitlin Rogich No Bid $ 89,974
Hickory Sheet Metal Co., Inc. Lanny Huffman $143,700 $110,700
Assoc Heating No Bid No Bid
Mr. Marsh recommended awarding the bid to Nor-Well Company, Inc., in the amount of $98,500, as the lowest responsive bidder. The FY 23-24 budget included $50,000 for boiler replacement at the Health Department. The County Manager requested, in order to cover the additional expense, to approve an Administrative Budget Amendment to move $48,500 from the Human Services Renovation budget to cover the cost of the new boilers and pumps.
Commissioner Castle, seconded by Vice-Chairman Wallin, moved to award the bid to Nor-Well Company, Inc., in the amount of $98,500 for new boilers and pumps at the Health Department and to approve reallocating $48,500 from the Human Services Renovation budget to cover the cost of the new boilers and pumps.
VOTE: Aye-5
Nay-0
B. Law Enforcement Center Flooring Project Change Order Request
Mr. Robert Marsh, Maintenance Director, presented a change order (per the Sheriff’s Office request) in the amount of $6,470 for moving furniture and the installation of 2,236 square feet of LVT flooring in lieu of carpet tiles in the corridors and several offices in the Sheriff's Administration Building. Adequate funds were available in the current budget. Mr. Marsh clarified that paying to have the furniture moved would be cost effective as it would free Maintenance staff to perform other duties.
Commissioner Eggers, seconded by Vice-Chairman Wallin, moved to approve the change order in the amount of $6,470.
VOTE: Aye-5
Nay-0
Planning & Inspections Matters
A. Proposal to Contract with High County Council of Governments for an Update of the Comprehensive Land Use Plan
Mr. Jason Walker, Planning and Inspections Director, presented a proposed contract with High Country Council of Governments to update the County’s Comprehensive Land Use Plan in the amount of $25,000. High Country Council of Governments has reduced the amount of time to complete the Plan from the originally proposed 18 months to 12 months. Mr. Walker stated that the Department of Transportation does require the plan to be updated within five years of their Transportation Plan updates.
Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the contract with High Country Council of Governments to update the Comprehensive Land Use Plan in the amount of $25,000 in 12 months.
VOTE: Aye-5
Nay-0
B. Request for RPO Ranking of Transportation Projects
Mr. Jason Walker, Planning and Inspections Director, presented sixteen (16) projects for possible inclusion in the 2026-2035 State Transportation Improvement Program (STIP) and asked the Board rank them in the preferred order of execution. Mr. Walker stated that the Board should concentrate on the top five projects desired for the County. The rankings were due June 30, 2024. Mr. Walker stated that action was not needed at this time as he would gather information from the Commissioners and bring back a list on June 18, 2024, at which time action could be taken. Commissioner Castle mentioned a guardrail was needed near a popular swimming hole that experiences traffic issues. Commissioner Eggers mentioned extending the Hwy 194 project to Castle Ford Road. Mr. Walker stated that a similar project was listed in the past but pulled from consideration.
Chairman Turnbow asked for Board members to email their personal preferences to Mr. Walker and the County Manager and directed the County Manager to compile the list for presentation at the June 18 meeting.
Adoption of the Fiscal Year 2025 Budget Ordinance
County Manager Geouque presented the Fiscal Year 2025 Budget Ordinance for consideration and reviewed the following changes that had been made since the Proposed Budget was presented:
|
Revenues |
Expenditures |
|||
|
104210-412100 |
Salaries |
|
6,732 |
IT reclass for employee |
|
104210-418100 |
Social security |
|
539 |
IT reclass for employee |
|
104210-418200 |
Local gov't retirement |
|
921 |
IT reclass for employee |
|
104210-418901 |
Other fringe 401K |
|
337 |
IT reclass for employee |
|
104210-452000 |
Capital outlay - Equipment |
|
(15,000) |
Duplication |
|
103311-389915 |
Sales tax agreement with Towns |
82,264 |
|
Recognize additional revenue |
|
103311-323500 |
Hold Harmless - Medicaid Relief |
82,265 |
|
Recognize additional revenue |
|
104199-445100 |
General Liability & Property Insurance |
|
29,000 |
To recognize additional property and liability |
|
104199-418300 |
Retiree health insurance |
|
(29,000) |
To recognize additional property and liability |
|
105911-xxxxxx |
National Teacher Board certifications |
|
25,000 |
National teacher board certifications |
|
105911-xxxxxx |
School personnel supplement |
|
130,000 |
Watauga School personnel supplements |
|
104140-437000 |
Advertising |
|
16,000 |
Tax liens |
|
105890-463127 |
Children's council |
|
(50,000) |
Increasing childcare slots |
|
105890-xxxxxx |
Future childcare |
|
50,000 |
Increasing childcare slots |
|
|
EDC, Children's Council, County, Other provider |
|
|
|
|
|
||||
|
104199-469103 |
Professional services - architect |
|
(15,000) |
To recognize funding of School nurses |
|
104199-469199 |
Professional services |
|
(20,000) |
To recognize funding of School nurses |
|
104199-435200 |
Maintenance and repairs |
|
(5,000) |
To recognize funding of School nurses |
|
104199-499100 |
Contingency |
|
(90,000) |
To recognize funding of School nurses |
|
105911-xxxxxx |
School nurses |
|
130,000 |
To recognize funding of School nurses |
|
106110-469300 |
Library annual appropriation |
|
19,664 |
Additional funding of requested appropriation |
|
109800-498021 |
Transfer to CIP |
|
(19,664) |
Additional funding of requested appropriation |
|
213980-398100 |
Transfer from General Fund |
(19,664) |
|
Additional funding of requested appropriation |
|
219330-461101 |
Library expansion |
|
(19,664) |
Additional funding of requested appropriation |
|
net change |
|
$144,865 |
$144,865 |
$144,865 Overall Budget Increase |
After brief discussion, Commissioner Castle, seconded by Vice-Chairman Wallin, moved to take the $50,000 allocated for the Children’s Council and take $10,00 from the Economic Development allocation and then allocate $30,000 each to both the Children’s Council and the Boone Area Chamber of Commerce’s Early Childhood Education & Development Fund.
After further discussion, the following vote was taken:
VOTE: Aye-3(Wallin, Castle, Eggers)
Nay-2(Turnbow, Russell)
After further discussion, Commissioner Russell, seconded by Vice-Chairman Wallin, moved to approve the FY 2025 Budget Ordinance as presented by the County Manager.
VOTE: Aye-5
Nay-0
Discussion to Consider A Referendum Adopting an Alternative Structure of Voting for Watauga County Commissioners
Chairman Turnbow stated that the County had hired an attorney to assist with the on-going process of Senate Bill 759. The Chairman stated that the change was made in Raleigh and he respected the Legislature but also respected that the County as a whole had a right to vote for County Commissioners. He stated that it would not affect the way the election was held this year but, he proposed a referendum be held to allow the citizens of the County to choose the way Commissioners were voted into office. He further proposed that three Commissioners be elected by district and two be elected at-large.
Commissioner Eggers stated that he respectfully disagreed and stated that the current method of voting has been in effect since the 1970’s or 1980’s and has been in violation as District 1 is not contiguous. Commissioner Eggers stated that the SB 759 maps were contiguous and within 5% of the population which meets all of the law. There was debate as to whether the SB 759 maps were within the 5%.
Commissioner Russell stated that the problem is SB 759 was adopted with no Commissioner input and there was no reason why there wasn’t any communication. Commissioner Russell stated that he wasn’t opposed to voting in district; however, if you went solely by the model, all Commissioners would only be beholden to those in their district whereas at-large representatives would represent all of the County. Commissioner Russell also stated that the proposed SB 759 maps split several voting districts and would be confusing to voters and require several ballots per precinct. The main thing wrong with the 2024 election was that 23,000 citizens were denied the right to vote in Districts 1 & 2 and it was a constitutional right to vote.
Commissioner Castle stated that in 2022 Districts 1 & 2 were voted for in an at-large capacity. Commissioner Eggers added that Districts 1 & 2 were still represented. Commissioner Russell stated that Commissioner Castle didn’t live in the new district. Chairman Turnbow stated that Commissioners were required to live in a specific district. Commissioner Eggers stated that they represented the whole County. Commissioner Eggers stated that in 2024, if Commissioners Castle and Eggers lost they would still represent the County as a whole. Chairman Turnbow stated that if they were defeated, the couldn’t represent at-large. Commissioner Russell stated that there was case law in 2012 that stated that once a district changed the old districts no longer existed. Commissioner Eggers stated that his and Commissioner Castle’s terms do not expire until 2026. Commissioner Castle agreed that their terms didn’t expire until 2026 and after two cycles the SB 759 process would run smooth. Vice-Chairman Wallin stated that the new districts should’ve been exempt. Commissioner Eggers stated that was a question for Senator Hise.
Chairman Turnbow stated that he didn’t like Raleigh taking away voting law. There was no problem with three districts and two at-large commissioners to work together for Watauga County.
Commissioner Eggers asked who would draw the maps in the Chairman proposal. Chairman Turnbow stated that the County Attorney was working with someone who has a person that draws maps and has worked in this State. The Chairman stated that he asked for the maps to be drawn with no voter data to be considered and the population be as close as possible per district without splitting precinct.
County Attorney Capua reiterated that a professional map drawer would be given the following criteria: no voter data be considered and the three districts be created with a preference of no breaks in the precincts. The County Attorney stated that three maps would be drawn and brought back to the Board for consideration. Commissioner Russell requested the map drawer keep political/geographical boundaries (without breaking up municipalities) as well.
After further discussion, Chairman Turnbow, seconded by Commissioner Russell, moved to direct the County Attorney to hire a professional map drawer to prepare the three maps to choose from as presented and when a map was approved, then proceed with a proposed resolution calling for a referendum to have future Commissioners elected with three seats being by district and two seats being at-large based on the map chosen.
VOTE: Aye-3(Turnbow, Wallin, Russell)
Nay-2(Castle, Eggers)
Miscellaneous Administrative Matters
A. Proposed Human Services Parking Lot Agreement with Appalachian State University
County Manager Geouque stated that the current lease with Appalachian State University (AppState) for game day parking at the Human Services lot has expired. The University requested no changes to the terms and amount of the lease. The current lease amount is $5,000 and has remained that amount for five years, since 2019.
Chairman Turnbow stated that it had been brought up in the past to allow non-profits use of the parking lot as a form of fundraising. Vice-Chairman Wallin stated that with new leadership at AppState, he felt the County should work with AppState to see how things moved forward. The Vice-Chairman stated that AppState wasn’t allowed to use AppalCART for shuttle services on game days. Commissioner Castle stated that there were increased costs to AppState now that they have to secure private shuttling services and with the huge economic impact of game days, the County does benefit. Vice-Chairman Wallin concurred that the economic impact was seen in sales tax revenue. Chairman Turnbow stated that he wasn’t opposed to AppState leasing the parking lot but was hopeful that, in the future, the County would look towards ways of working with non-profits with out-of-the-box ideas. The Chairman also stated that the parking deck would be open soon to assist with game day parking. County Manager Geouque shared concerns about the wear and tear game day parking might cause to the newly constructed parking deck. Commissioner Russell asked if the parking deck would be ready and used this year for games. The County Manager stated that it would not.
Commissioner Castle, seconded by Commissioner Eggers, moved to approve the lease with Appalachian State University to utilize the Human Services Parking Lot for football game days and special events as presented by the County Manager.
VOTE: Aye-5
Nay-0
B. North Carolina Association of County Commissioners (NCACC) Legislative Goals
County Manager Geouque presented, per Commissioner request, a copy of the NCACC’s legislative goals. The top three priorities of the Association in 2023-2024 were:
- Seek legislation, funding, and other efforts to expand digital infrastructure/broadband capability to the unserved and under-served areas and residents of the state.
- Seek additional revenue sources to address statewide public school and community college capital needs and ensure methods used to distribute school capital funding considers the needs of both low-wealth and growing counties. Revisions to the Needs-Based Public School Capital Fund that will allow for more access to counties and allow for faster school construction to include allowing projects that have not previously been awarded a grant to commence and remain eligible for future grant application periods.
- Support expansion of Medicaid as well as related funding and operational flexibility for counties to expand county workforce and necessary infrastructure.
Other potential goals were:
Support legislation to allow counties to include specific language on the ballot referendum designating how the proposed quarter-cent local sales tax levy will be spent.
Increase state funding and support legislation for behavioral health services and facilities, including dedicated resources for community paramedicine projects; inpatient crisis beds; substance use disorders; specialty courts; individuals with mental health issues in county jails; and single stream funding for area authorities.
Oppose efforts to divert to the state, fees or taxes currently allocated to the counties or to erode existing county revenue streams with unfunded mandates.
The County Manager stated that Goals 1 and 3 had been addressed and asked the Board to choose the top three legislative goals that they would like to submit to the Association for consideration and ranking. Other items mentioned, in no particular order, were mental health, Tourism Development Authority, Smart Start Funding, Social Services funding, and operational and capital funding for Schools.
County Manager Geouque stated that he would bring a list to a future meeting for consideration.
[Clerk’s Note: the goals were not due to the NCACC until August 23, 2024.]
C. Request to Surplus County Property
County Manager Geouque stated that the Board had previously granted the Manager authority to sell surplus property under the $30,000 threshold. The County currently had a 2015 Hyundai Wheel Loader which may exceed the $30,000 threshold as well as a 1986 International Dump Truck to surplus. The County Manager requested authorization to surplus the equipment presented and dispose via electronic sale on GovDeals.
Commissioner Russell, seconded by Commissioner Castle, moved to surplus the vehicles and approve of their disposal via electronic sale on GovDeals as presented by the County Manager.
VOTE: Aye-5
Nay-0
D. July Meeting Schedule
County Manager Geouque stated that historically, only one meeting has been held in July due to all the work which has been done on the budget as well as the July 4th holiday. Also, historically, at the beginning of a new fiscal year there was limited business for the Board’s consideration. The Manager recommended cancelling the first meeting in July (Tuesday the 2nd) and holding the second meeting as currently scheduled for the third Tuesday which is July 16.
County Attorney Capua stated that a vote on whether or not to pursue a referendum had to be made prior to July 23, 2024. She anticipated the maps would be ready by the July 16 meeting; however, there would not be time to then prepare the resolution and referendum prior to the next regular meeting. Ms. Capua stated that she would see if the maps could be prepared by the July 2, 2024, meeting but, was not certain if that was possible.
After discussion the Board chose not to cancel the first meeting in July at this time.
E. Boards and Commissions
County Manager Geouque presented the following:
Workforce Development Board
Ms. Misty Bishop-Price with the High Country Council of Governments Workforce Development Board (WDB) had indicated that Ms. Jessica Auten’s appointment as a private sector member representing Watauga County would end on June 30, 2024. A new appointment was needed to fill the position as Ms. Auten had not been able to participate. The only person who had expressed interest in serving at this time was Mr. JD Kern who works with Blue Ridge Realty and was very involved in both the Boone and Blowing Rock Chambers of Commerce. However, Mr. Kern resided in Banner Elk. Ms. Bishop-Price had stated in an email that this has happened on the WDB where members represent one county while living in another. This was a first reading and there may be other recommendations from the WDB and/or Commissioners.
Chairman Turnbow tabled consideration for a second reading.
F. Announcements
County Manager Geouque announced that the North Carolina Association of County Commissioners will hold the 2024 County Advocacy Days in Raleigh on June 11 & 12. Steering Committee Meetings and a dinner will be on the 11th with the Legislative Program presented on the 12th.
Closed Session
At 7:51 P.M., Commissioner Castle, seconded by Vice-Chairman Wallin, moved to enter Closed Session to discuss Attorney/Client Matters, per G. S. 143-318.11(a)(3) and Personnel Matters, per G. S. 143-318.11(a)(6).
VOTE: Aye-5
Nay-0
Vice-Chairman Wallin, seconded by Commissioner Russell, moved to resume the open meeting at 8:21 P.M.
VOTE: Aye-5
Nay-0
Adjourn
Vice-Chairman Wallin, seconded by Commissioner Castle, moved to adjourn the meeting at 8:21 P.M.
VOTE: Aye-5
Nay-0
Larry Turnbow, Chairman
ATTEST: Anita J. Fogle, Clerk to the Board